My daughter lives with me full time and her mom won't sign her over to claim her. What's my options?

[TomD8 · Accepted solution]

If your daughter lived with you full-time in 2018, then as far as the IRS is concerned YOU are the custodial parent, and you can claim her without her mother signing anything, unless something is spelled out differently in a pre-2009 divorce agreement.

[wve31973]

She already claimed her for 2018 cuz our 2015 divorce decree stated she could claim both cuz she had both. The IRS has rejected my filing. Any thoughts?

[TomD8]

Your only option is to print and mail your return, claiming your daughter.  Don't try to e-file it again; it'll just get automatically rejected again by the IRS computers (because there's another claim already on file).  When the IRS receives two returns, each claiming the same dependent, they will sort it out to determine who has the rightful claim - which will be the custodial parent as they define it.  The IRS does not enforce local divorce decrees.  They go by federal tax law.  If your wife wanted to enforce the divorce decree, she'd have go to a local court.

[wve31973]

Thank you, very helpful!!